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45628 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [RIN 1018–AC79] Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white-tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule will permit taking of designated species during the 1995– 96 season. EFFECTIVE DATE: August 31, 1995. FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms 634–ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703) 358– 1714. SUPPLEMENTARY INFORMATION: Regulations Schedule for 1995 On March 24, 1995, the Service published for public comment in the Federal Register (60 FR 15642) a proposal to amend 50 CFR part 20, with comment periods ending July 21, 1995, for early-season proposals and September 4, 1995, for late-season proposals. Due to some unforeseen and uncontrollable publishing delays in the proposed early-season regulations frameworks, the Service had to extend the public comment period to July 31, 1995. On June 16, 1995, the Service published for public comment a second document (60 FR 31890) which provided supplemental proposals for early- and late-season migratory bird hunting regulations frameworks. On June 22, 1995, a public hearing was held in Washington, DC, as announced in the March 24 and June 16 Federal Registers to review the status of migratory shore and upland game birds. Proposed hunting regulations were discussed for these species and for other early seasons. On July 21, 1995, the Service published in the Federal Register (60 FR 37754) a third document in the series of proposed, supplemental, and final rulemaking documents which dealt specifically with proposed early-season frameworks for the 1995–96 season. On August 3, 1995, a public hearing was held in Washington, DC, as announced in the March 24, June 16, and July 21 Federal Registers, to review the status of waterfowl. Proposed hunting regulations were discussed for late seasons. The fourth document in the series, published August 28, 1995 (60 FR 44463), dealt specifically with proposed frameworks for the 1995–96 late-season migratory bird hunting regulations. On August 29, 1995, the Service published a fifth document (60 FR 45020) containing final frameworks for early migratory bird hunting seasons from which wildlife conservation agency officials from the States, Puerto Rico, and the Virgin Islands selected early-season hunting dates, hours, areas, and limits. The final rule described here is the sixth in the series of proposed, supplemental, and final rulemaking documents for migratory game bird hunting regulations and deals specifically with amending subpart K of 50 CFR 20 to set hunting seasons, hours, areas, and limits for mourning, white- winged, and white-tipped doves; band- tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; mourning doves in Hawaii; migratory game birds in Alaska, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. NEPA Consideration NEPA considerations are covered by the programmatic document, ‘‘Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88– 14),’’ filed with EPA on June 9, 1988. Notice of Availability was published in the Federal Register on June 16, 1988 (53 FR 22582). The Service’s Record of Decision was published on August 18, 1988 (53 FR 31341). Copies of these documents are available from the Service at the address indicated under the caption ADDRESSES. Endangered Species Act Consideration In August 1995, the Division of Endangered Species concluded that the proposed action is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of their critical habitats. Hunting regulations are designed, among other things, to remove or alleviate chances of conflict between seasons for migratory game birds and the protection and conservation of endangered and threatened species and their habitats. The Service’s biological opinions resulting from its consultation under Section 7 are considered public documents and are available for inspection in the Division of Endangered Species and the Office of Migratory Bird Management. Regulatory Flexibility Act; Executive Order 12866 and the Paperwork Reduction Act In the Federal Register dated March 24, 1995 (60 FR 15642), the Service reported measures it had undertaken to comply with requirements of the Regulatory Flexibility Act and the Executive Order. These included preparing an Analysis of Regulatory Effects and an updated Final Regulatory Impact Analysis (FRIA), and publication of a summary of the latter. Although a FRIA is no longer required, the economic analysis contained in the FRIA was reviewed and the Service determined that it met the requirements of E.O. 12866. In addition, the Service prepared a Small Entity Flexibility Analysis, under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), which further document the significant beneficial economic effect on a substantial number of small entities. This rule was reviewed under E.O. 12866. These regulations contain no information collections subject to OMB review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). However, the Service does utilize information acquired through other various information collections in the formulation of migratory game bird hunting regulations. These information collection requirements have been approved by OMB and assigned clearance numbers 1018–0005, 1018– 0006, 1018–0008, 1018–0009, 1018– 0010, 1018–0015, 1018–0019, and 1018– 0023. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, the Service intends that the public be given the greatest possible opportunity to comment on the regulations. Thus, when the preliminary proposed rulemaking was published, the Service established what it believed were the longest periods possible for 45629 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations public comment. In doing this, the Service recognized that when the comment period closed time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, the States and Territories would have insufficient time to establish and publicize the necessary regulations and procedures to implement their decisions. The Service therefore finds that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these regulations will, therefore, take effect immediately upon publication. Accordingly, with each conservation agency having had an opportunity to participate in selecting the hunting seasons desired for its State or Territory on those species of migratory birds for which open seasons are now to be prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. Authorship The primary author of this rule is Ron W. Kokel of the Office of Migratory Bird Management. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Dated: August 29, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. For the reasons set out in the preamble, title 50, chapter I, subchapter B, part 20, subpart K is amended as follows: PART 20—[AMENDED] 1. The authority citation for part 20 is revised to read as follows: Authority: 16 U.S.C. 703–711, 16 U.S.C. 712, and 16 U.S.C. 742a–j. BILLING CODE 4310–55–P 45630 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45631 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45632 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45633 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45634 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45635 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45636 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45637 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45638 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45639 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45640 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45641 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45642 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations [FR Doc. 95–21781 Filed 8–30–95; 8:45 am] BILLING CODE 4310–55–C